Disability Services Act 2006Disability Services Regulation 2017Part 1Preliminary1Short titleThis regulation may be cited as the Disability Services Regulation 2017.2CommencementThis regulation commences on 1 July 2017.3InterpretationIn this regulation—unique client identifier, for an adult, means the unique number allocated to the adult by the department. s 3 sub 2021 SL No. 2 s 4Part 2Disability worker screeningpt 2 hdg sub 2021 SL No. 2 s 54Prescribed service—Act, s 12For section 12(1)(g) of the Act, a service that is related to the provision of care and support, or protection to a forensic disability client at the Forensic Disability Service under the Forensic Disability Act 2011 is prescribed for part 5 of the Act.s 4 amd 2019 SL No. 125 s 4sub 2021 SL No. 2 s 65Prescribed entities for NDIS worker screening application—Act, s 65(1)For section 65(a)(iii) of the Act, the following entities are prescribed—

(a)the Agency;

(b)the NDIS commission;

(c)a service provider that receives Commonwealth funding to provide any of the following services or supports to people with disability—

(i)a service known as a local area coordination service;

(ii)a support provided to an NDIS participant known as an early intervention support for early childhood;

(iii)a service or support provided under a program called the information linkages and capacity building program administered by the department of the Commonwealth responsible for administering the Social Security Act 1991 (Cwlth);

(d)an NDIS service provider that receives Commonwealth funding to provide a continuity of support service.

(2)A continuity of support service is a disability service provided by an entity to a person with disability if—

(a)the entity is an NDIS service provider; and

(b)the person is aged—

(i)if the person is an Aboriginal or Torres Strait Islander person—50 years or more; or

(ii)otherwise—65 years old; and

(c)an NDIS support or service that is of the same kind as the disability service is available to be provided to persons in the area in which the disability service is provided to the person; and

(d)the entity or another entity provided the disability service to the person before the NDIS support or service became available in the area.

(3)In this section—Agency see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.Commonwealth funding means recurrent or one-off funds from a department of the Commonwealth. NDIS participant means a person who is a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth).s 5 sub 2019 SL No. 125 s 5; 2021 SL No. 2 s 65AAs 5AA ins 2020 SL No. 254 s 4om 2021 SL No. 2 s 65As 5A ins 2019 SL No. 125 s 6om 2021 SL No. 2 s 66 Criterion for NDIS worker screening application—Act, s 65For section 65(b) of the Act, the criterion prescribed is that the person either—

(a)lives, or proposes to live, in Queensland; or

(b)is, or proposes to be, engaged to carry out NDIS disability work in Queensland.

s 6 sub 2021 SL No. 2 s 67 Prescribed entities for State worker screening application—Act, s 66For section 66(c) of the Act, the department in which the Disability Services Act 2006, part 5 is administered is prescribed.s 7 (prev s 6AA) ins 2021 SL No. 2 s 6renum 2021 SL No. 2 s 148 Clearance holder to notify change in other information—Act, s 104For section 104(3)(c) of the Act, the following matters about the person are prescribed—

(a)the person starts or ends an engagement to carry out disability work for an entity;

(b)the person starts or stops carrying out disability work as an NDIS sole trader or State sole trader.

s 8 (prev s 6AB) ins 2021 SL No. 2 s 6renum 2021 SL No. 2 s 149 Prescribed entities for other information—Act, s 138RFor section 138R(5) of the Act, definition prescribed entity, the following entities are prescribed—

(a)the chief executive officer of the Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law (Queensland);

(b)the chief executive of the department in which the Animal Care and Protection Act 2001 is administered;

(c)the health ombudsman under the Health Ombudsman Act 2013.

s 9 (prev s 6AC) ins 2021 SL No. 2 s 6renum 2021 SL No. 2 s 149As 9A ins 2019 SL No. 125 s 9om 2021 SL No. 2 s 1110 Serious offences and disqualifying offences(1)For schedule 8 of the Act, definition serious offence, an offence against a provision of an Act of the Commonwealth mentioned in schedule 2 or 3 is prescribed to be a serious offence—

(a)if each circumstance (if any) stated for the offence in the schedule applies to the offence; and

(b)regardless of whether the provision has been amended from time to time or numbered differently.

(2)For schedule 8 of the Act, definition disqualifying offence, an offence against a provision of an Act of the Commonwealth mentioned in schedule 4 or 5 is prescribed to be a disqualifying offence—

(a)if each circumstance (if any) stated for the offence in the schedule applies to the offence; and

(b)regardless of whether the provision has been amended from time to time or numbered differently.

s 10 prev s 10 amd 2018 SL No. 87 s 4; 2019 SL No. 109 s 4; 2020 SL No. 146 s 3om 2020 SL No. 264 s 4pres s 10 (prev s 6AD) ins 2021 SL No. 2 s 6renum 2021 SL No. 2 s 1411 Risk assessment matters(1)For schedule 8 of the Act, definition risk assessment matter, each of the following is prescribed to be a risk assessment matter in relation to a person—

(a)a disability worker screening application or corresponding interstate application made by the person was refused;

(b)a working with children check application or corresponding interstate application made by the person was refused;

(c)a clearance or interstate clearance held by the person was cancelled and an exclusion or interstate exclusion was issued to the person;

(d)a working with children clearance or interstate WWC authority held by the person was cancelled and a negative notice was issued to the person;

(e)the person is the subject of a workplace investigation about the person’s alleged conduct that includes—

(i)assault or violent behaviour; or

(ii)inappropriate sexual behaviour; or

(iii)fraud, deceit or theft; or

(iv)failing to provide appropriate care for a vulnerable person in the person’s care;

(f)the person is or was the subject of an investigation by a government entity and, as a result of the investigation, the person becomes subject to a condition or restriction in relation to having contact with a child;

(g)disciplinary action is taken against the person;

(h)a domestic violence order is made against the person.

(2)In this section—corresponding interstate application means—

(a)for a disability worker screening application—an application, however called, made under a corresponding law that corresponds to a disability worker screening application; or

(b)for a working with children check application—an application, however called, made under a corresponding WWC law that corresponds to a working with children check application.

corresponding State law means a law of another State that relates to the screening of persons who carry out, or propose to carry out, work in that State that corresponds to State disability work.corresponding WWC law means a law of another State that substantially corresponds to the Working with Children Act.interstate clearance means—

(a)an interstate NDIS clearance; or

(b)a clearance, however called, issued under a corresponding State law that corresponds to a State clearance.

interstate exclusion means—

(a)an interstate NDIS exclusion; or

(b)an exclusion, however called, issued under a corresponding State law that corresponds to a State exclusion.

interstate WWC authority means an authority, however called, issued under a corresponding WWC law that corresponds to a working with children clearance.negative notice means—

(a)a negative notice under the Working with Children Act; or

(b)a notice, however called, issued under a corresponding WWC law that corresponds to a notice mentioned in paragraph (a).

s 11 prev s 11 amd 2018 SL No. 87 s 4; 2019 SL No. 109 s 4; 2020 SL No. 146 s 3om 2020 SL No. 264 s 4pres s 11 (prev s 6AE) ins 2021 SL No. 2 s 6renum 2021 SL No. 2 s 14Part 3Restrictive practicespt 3 hdg (prev pt 2A hdg) ins 2021 SL No. 2 s 7renum 2021 SL No. 2 s 1312Service providers to which pt 6 of the Act does not apply—Act, s 140For section 140(2) of the Act, a service provider that is an approved provider under the Aged Care Quality and Safety Commission Act 2018 (Cwlth) is prescribed if—
(a)the service provider is providing disability services or NDIS supports or services to an adult; and
(b)the adult is approved as a recipient of residential care under the Aged Care Act 1997 (Cwlth), part 2.3.
s 12 (prev s 6A) ins 2019 SL No. 125 s 7amd 2020 SL No. 254 s 5renum 2021 SL No. 2 s 14amd 2023 SL No. 120 s 313Information about restrictive practice approvals—Act, s 199(1)This section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.(2)Within 14 days after the provider is given the restrictive practice approval to use the restrictive practice, the provider must give the following information to the chief executive—
(a)the adult’s—
(i)full name; and
(ii)unique client identifier; and
(iii)date of birth; and
(iv)gender; and
(v)primary disability;
(b)the relevant service provider’s—
(i)name; and
(ii)provider number; and
(iii)contact telephone number; and
(iv)email address;
(c)the type of disability services or NDIS supports or services provided by the service provider;
(d)the person, identified by name or position title, authorised by the service provider to use the restrictive practice;
(e)the type of approval;
(f)who gave the approval;
(g)the restrictive practice;
(h)the date of the positive behaviour support plan for the adult that provides for the use of the restrictive practice;
(i)the date the approval was given;
(j)the date the approval expires.
(3)Within 14 days after a change in any of the information given under subsection (2), the provider must give the chief executive the current information.(4)The relevant service provider must give the information in the form approved by the chief executive.(5)In this section—CEO means CEO within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth).provider number means—
(a)for each relevant service provider—the unique number allocated to the relevant service provider under a service contract between the relevant service provider and the department; and
(b)for a relevant service provider who is an NDIS service provider—any unique registration number allocated to the relevant service provider by the CEO on the relevant service provider’s registration as a registered provider of supports.
registered provider of supports means a registered provider of supports within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth).restrictive practice approval see section 195(7) of the Act.s 13 (prev s 7) amd 2021 SL No. 2 s 8renum 2021 SL No. 2 s 14amd 2023 SL No. 120 s 414Information about use of restrictive practices—Act, s 199(1)This section applies if a relevant service provider is using a restrictive practice in relation to an adult with an intellectual or cognitive disability.(2)The provider must give the following information to the chief executive for each calendar month in which the restrictive practice is used—
(a)the adult’s full name;
(b)the adult’s unique client identifier;
(c)the restrictive practice used;
(d)the days on which, or the days between which, the restrictive practice was used;
(e)the times when the restrictive practice started and ended on each of the days;
(f)the frequency with which the restrictive practice was used;
(g)any episodic or isolated uses of the restrictive practice;
(h)the place where the restrictive practice was used;
(i)any injury to a person that happened when the restrictive practice was used;
(j)if a mechanical or physical restraint was used—the type of restraint;
(k)if the restrictive practice involved restricting access to an object—the object;
(l)if a medication was used as a chemical restraint—
(i)the generic name of the medication; and
(ii)the proprietary name of the medication; and
(iii)the prescribed dose of the medication; and
(iv)the prescribed frequency of the dose of the medication; and
(v)the name of the doctor who prescribed the medication.
(3)The provider must give the information to the chief executive using an electronic system approved by the chief executive.(4)The provider must give the information to the chief executive—
(a)on the second Friday of the calendar month immediately after the calendar month in which the restrictive practice is used; and
(b)at other times if the chief executive, by written notice to the provider, requires the provider to do so.
(5)A notice under subsection (4)(b) must state—
(a)the period to which the information must relate; and
(b)the type of information, mentioned in subsection (2), that the provider is required to give; and
(c)when the provider must give the information to the chief executive.
s 14 (prev s 8) renum 2021 SL No. 2 s 14Part 4Miscellaneous provisionspt 4 hdg ins 2021 SL No. 2 s 915Prescribed relevant service providers—Act, s 199(1)For section 199(1) of the Act, an NDIS provider providing a class of supports to a participant under a plan is prescribed.(2)In this section—class of supports means a class of supports mentioned in the NDIS (Registration) Rules, section 20(3).NDIS (Registration) Rules means the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 (Cwlth).participant see the NDIS Act, section 9.plan see the NDIS Act, section 9.s 15 (prev s 8A) ins 2019 SL No. 125 s 8amd 2021 SL No. 2 s 10renum 2021 SL No. 2 s 1416Records funded service provider must make and keep—Act, s 215(1)For section 215 of the Act, the records a funded service provider must make and keep are as follows—
(a)the address of each of the provider’s service outlets;
(b)for each of the provider’s consumers—
(i)the consumer’s name, address and telephone number; and
(ii)the name, address and telephone number of the person nominated by the consumer as the emergency contact for the consumer;
(c)the following relating to the screening of persons engaged or proposed to be engaged by the provider—
(i)copies of applications or other documents given by the provider to the chief executive;
(ii)documents received by the provider from the chief executive;
(d)documents relating to written complaints made to the provider about the delivery or non-delivery of disability services by the provider;
(e)copies of documents given by the provider to the chief executive relating to incidents that have happened in the provision of disability services by the provider;
(f)if a compliance notice has been given to the provider by the chief executive, a copy of the compliance notice;
(g)the financial records required to be kept by the provider under the funding agreement entered into by the provider.
(2)A record mentioned in subsection (1) must be kept for at least 7 years after the record is made.(3)In this section—compliance notice see the Community Services Act 2007, section 19(1).s 16 (prev s 9) renum 2021 SL No. 2 s 14amd 2023 SL No. 120 s 517FeesThe fees payable under the Act are stated in schedule 1.s 17 (prev s 12) amd 2018 SL No. 87 s 5; 2019 SL No. 109 s 5; 2020 SL No. 146 s 4sub 2020 SL No. 264 s 5renum 2021 SL No. 2 s 1417ARounding of amounts expressed as numbers of fee units(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—
(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
Example—If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.s 17A ins 2022 SL No. 83 s 418Refund or waiver of fees(1)This section applies if a person who holds a clearance—
(a)gives the chief executive a notice under section 103 of the Act in relation to the clearance; and
(b)is required to pay the prescribed application fee under section 103(3) of the Act.
(2)The chief executive must waive the proportion of the amount of a prescribed application fee mentioned in schedule 1, item 2 or 4 that is the same as the proportion of the term of the person’s clearance, rounded down to the nearest whole year, that elapsed before the notice was given.s 18 (prev s 13) amd 2018 SL No. 87 s 4; 2019 SL No. 109 s 4; 2020 SL No. 146 s 3sub 2020 SL No. 264 s 5renum 2021 SL No. 2 s 14amd 2022 SL No. 83 s 5Part 5Repeal and transitional provisionpt 5 hdg (prev pt 3 hdg) renum 2021 SL No. 2 s 1319RepealThe Disability Services Regulation 2006, SL No. 161 is repealed.s 19 (prev s 14) renum 2021 SL No. 2 s 1420References in s 9(1)(f) to compliance notice(1)In section 9(1)(f), a reference to a compliance notice includes a reference to a compliance notice given under former section 161 of the Act.(2)In this section—former section 161 of the Act means section 161 of the Act as in force from time to time before its repeal by the Communities Legislation (Funding Red Tape Reduction) Amendment Act 2014, section 59.Note—Section 59 of that Act commenced on 1 July 2014.Editor’s note—Section 9 was renumbered by the Disability Services and Other Legislation (Worker Screening) Amendment Regulation 2021, section 14.s 20 (prev s 15) amd 2021 SL No. 2 s 12renum 2021 SL No. 2 s 14Schedule 1Feessection 17sch 1 hdg amd 2021 SL No. 2 s 15Part 1Particular fees related to NDIS clearances$1Application for an NDIS clearance (Act, s 68(1)(c))—(a)for a volunteernil(b)for an applicant who proposes to carry out disability work as an NDIS sole trader, or as an NDIS sole trader and a State sole trader, only on an unpaid basisnil(c)otherwise147.002Prescribed application fee (Act, s 103)—(a)for a person who holds an NDIS clearance who is engaged to carry out disability work other than as a volunteer147.00(b)for an NDIS sole trader who carries out disability work for financial reward147.00
Part 2Other feesFee units3Application for a State clearance (Act, s 68(1)(c))—(a)for a volunteernil(b)for an applicant who proposes to carry out State disability work as a State sole trader only on an unpaid basisnil(c)otherwise97.604Prescribed application fee (Act, s 103)—(a)for a person who holds a State clearance who is engaged to carry out disability work other than as a volunteer97.60(b)for a State sole trader who carries out disability work for financial reward97.605Application for a replacement clearance card (Act, s 105(2)(b))14.756Application to cancel an exclusion (Act, s 131(1)(c))—(a)for an NDIS exclusion119.00(b)for a State exclusion97.60
sch 1 prev sch 1 om 2019 SL No. 125 s 10pres sch 1 ins 2020 SL No. 264 s 6amd 2021 SL No. 73 s 4sub 2022 SL No. 83 s 6amd 2023 SL No. 53 s 4; 2024 SL No. 88 s 4Schedule 2Current serious offences against a provision of an Act of the Commonwealthsection 10(1)1 Crimes (Internationally Protected Persons) Act 1976 (Cwlth)ProvisionRelevant headingCircumstances for offence8(2)(b)Offences the offence is not a disqualifying offence
2 Criminal Code (Cwlth)ProvisionRelevant headingCircumstances for offence71.3Manslaughter of a UN or associated person71.4Intentionally causing serious harm to a UN or associated personthe offence is not a disqualifying offence71.5Recklessly causing serious harm to a UN or associated personthe offence is not a disqualifying offence71.8Unlawful sexual penetrationthe offence is not a disqualifying offence71.9Kidnapping a UN or associated personthe offence is not a disqualifying offence71.10Unlawful detention of UN or associated personthe offence is not a disqualifying offence73.2Aggravated offence of people smuggling (danger of death or serious harm etc.)the offence is not a disqualifying offence73.3Aggravated offence of people smuggling (at least 5 people)the offence is not a disqualifying offence73.3ASupporting the offence of people smugglingthe offence is not a disqualifying offence73.8Making, providing or possessing a false travel or identity documentthe offence was committed in relation to a travel or identity document for a child or vulnerable person73.9Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threatsthe offence was committed in relation to a travel or identity document for a child or vulnerable person73.10Providing or possessing a travel or identity document to be used by a person who is not the rightful userthe offence was committed in relation to a travel or identity document for a child or vulnerable person80.1Treason80.1AATreason—assisting enemy to engage in armed conflict80.1ACTreachery80.2(1)Urging violence against the Constitution etc.80.2AUrging violence against groups80.2BUrging violence against members of groups80.2CAdvocating terrorism80.2DAdvocating genocide82.3Offence of sabotage involving foreign principal with intention as to national security82.4Offence of sabotage involving foreign principal reckless as to national security82.5Offence of sabotage with intention as to national security82.6Offence of sabotage reckless as to national security82.7Offence of introducing vulnerability with intention as to national security82.8Offence of introducing vulnerability reckless as to national security82.9Preparing for or planning sabotage offence83.1Advocating mutiny83.2Assisting prisoners of war to escape83.3Military‐style training involving foreign government principal etc.91.1Espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal91.2Espionage—dealing with information etc. which is or will be communicated or made available to foreign principal91.3Espionage—security classified information etc.91.6Aggravated espionage offence91.8Espionage on behalf of foreign principal91.11Offence of soliciting or procuring an espionage offence or making it easier to do so91.12Offence of preparing for an espionage offence92.2Offence of intentional foreign interference92.3Offence of reckless foreign interference92.4Offence of preparing for a foreign interference offence92.7Knowingly supporting foreign intelligence agency92.8Recklessly supporting foreign intelligence agency92.9Knowingly funding or being funded by foreign intelligence agency92.10Recklessly funding or being funded by foreign intelligence agency92A.1Theft of trade secrets involving foreign government principal101.1Terrorist acts101.2Providing or receiving training connected with terrorist acts101.4Possessing things connected with terrorist acts101.5Collecting or making documents likely to facilitate terrorist acts101.6Other acts done in preparation for, or planning, terrorist acts102.2Directing the activities of a terrorist organisation102.3Membership of a terrorist organisation102.4Recruiting for a terrorist organisation102.5Training involving a terrorist organisation102.6Getting funds to, from or for a terrorist organisation102.7Providing support to a terrorist organisation102.8Associating with terrorist organisations103.1Financing terrorism103.2Financing a terrorist115.2Manslaughter of an Australian citizen or a resident of Australia115.3Intentionally causing serious harm to an Australian citizen or a resident of Australiathe offence is not a disqualifying offence115.4Recklessly causing serious harm to an Australian citizen or a resident of Australiathe offence is not a disqualifying offence119.1Incursions into foreign countries with the intention of engaging in hostile activities119.4Preparations for incursions into foreign countries for purpose of engaging in hostile activities122.1Communication and other dealings with inherently harmful information by current and former Commonwealth officers etc.122.2Conduct by current and former Commonwealth officers etc. causing harm to Australia’s interests122.4Unauthorised disclosure of information by current and former Commonwealth officers etc.134.1Obtaining property by deception134.2Obtaining a financial advantage by deception135.1General dishonesty135.2Obtaining financial advantage135.4Conspiracy to defraud136.1False or misleading statements in applications137.1False or misleading information137.2False or misleading documents142.2Abuse of public office144.1Forgery145.1Using forged document145.2Possession of forged document145.4Falsification of documents etc.145.5Giving information derived from false or misleading documents148.1Impersonation of an official by a non-official148.2Impersonation of an official by another official268.4Genocide by causing serious bodily or mental harmthe offence is not a disqualifying offence268.10Crime against humanity—enslavementthe offence is not a disqualifying offence268.11Crime against humanity—deportation or forcible transfer of population268.12Crime against humanity—imprisonment or other severe deprivation of physical liberty268.13Crime against humanity—torturethe offence is not a disqualifying offence268.14Crime against humanity—rapethe offence is not a disqualifying offence268.15Crime against humanity—sexual slaverythe offence is not a disqualifying offence268.16Crime against humanity—enforced prostitutionthe offence is not a disqualifying offence268.17Crime against humanity—forced pregnancy268.18Crime against humanity—enforced sterilisation268.19Crime against humanity—sexual violencethe offence is not a disqualifying offence268.20Crime against humanity—persecution268.21Crime against humanity—enforced disappearance of personsthe offence is not a disqualifying offence268.22Crime against humanity—apartheid268.23Crime against humanity—other inhumane act268.25War crime—torturethe offence is not a disqualifying offence268.26War crime—inhumane treatmentthe offence is not a disqualifying offence268.27War crime—biological experimentsthe offence is not a disqualifying offence268.28War crime—wilfully causing great sufferingthe offence is not a disqualifying offence268.29War crime—destruction and appropriation of property268.30War crime—compelling service in hostile forces268.31War crime—denying a fair trial268.32War crime—unlawful deportation or transfer268.33War crime—unlawful confinement268.34War crime—taking hostages268.35War crime—attacking civilians268.36War crime—attacking civilian objects268.37War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission268.38War crime—excessive incidental death, injury or damagethe offence is not a disqualifying offence268.39War crime—attacking undefended places268.40War crime—killing or injuring a person who is hors de combatthe offence is not a disqualifying offence268.41War crime—improper use of a flag of trucethe offence is not a disqualifying offence268.42War crime—improper use of a flag, insignia or uniform of the adverse partythe offence is not a disqualifying offence268.43War crime—improper use of a flag, insignia or uniform of the United Nationsthe offence is not a disqualifying offence268.44War crime—improper use of the distinctive emblems of the Geneva Conventionsthe offence is not a disqualifying offence268.45War crime—transfer of population268.46War crime—attacking protected objects268.47War crime—mutilationthe offence is not a disqualifying offence268.48War crime—medical or scientific experimentsthe offence is not a disqualifying offence268.49War crime—treacherously killing or injuringthe offence is not a disqualifying offence268.50War crime—denying quarterthe offence is not a disqualifying offence268.51War crime—destroying or seizing the enemy’s property268.52War crime—depriving nationals of the adverse power of rights or actions268.53War crime—compelling participation in military operations268.54War crime—pillaging268.55War crime—employing poison or poisoned weaponsthe offence is not a disqualifying offence268.56War crime—employing prohibited gases, liquids, materials or devicesthe offence is not a disqualifying offence268.57War crime—employing prohibited bullets268.58War crime—outrages upon personal dignity268.59War crime—rapethe offence is not a disqualifying offence268.60War crime—sexual slaverythe offence is not a disqualifying offence268.61War crime—enforced prostitutionthe offence is not a disqualifying offence268.62War crime—forced pregnancy268.63War crime—enforced sterilisation268.64War crime—sexual violencethe offence is not a disqualifying offence268.66War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions268.67War crime—starvation as a method of warfare268.68War crime—using, conscripting or enlisting children268.71War crime—mutilationthe offence is not a disqualifying offence268.72War crime—cruel treatment268.73War crime—torturethe offence is not a disqualifying offence268.74War crime—outrages upon personal dignity268.75War crime—taking hostages268.76War crime—sentencing or execution without due processthe offence is not a disqualifying offence268.77War crime—attacking civilians268.78War crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions268.79War crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission268.80War crime—attacking protected objects268.81War crime—pillaging268.82War crime—rapethe offence is not a disqualifying offence268.84War crime—enforced prostitutionthe offence is not a disqualifying offence268.85War crime—forced pregnancy268.86War crime—enforced sterilisation268.87War crime—sexual violencethe offence is not a disqualifying offence268.88War crime—using, conscripting or enlisting children268.89War crime—displacing civilians268.90War crime—treacherously killing or injuringthe offence is not a disqualifying offence268.91War crime—denying quarterthe offence is not a disqualifying offence268.92War crime—mutilationthe offence is not a disqualifying offence268.93War crime—medical or scientific experimentsthe offence is not a disqualifying offence268.94War crime—destroying or seizing an adversary’s property268.95War crime—medical procedure268.96War crime—removal of blood, tissue or organs for transplantation268.97War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civiliansthe offence is not a disqualifying offence268.98War crime—attacking undefended places or demilitarized zonesthe offence is not a disqualifying offence268.99War crime—unjustifiable delay in the repatriation of prisoners of war or civilians268.100War crime—apartheid268.101War crime—attacking protected objects270.3Slavery offencesthe offence is not a disqualifying offence270.5Servitude offencesthe offence is not a disqualifying offence270.6AForced labour offencesthe offence is not a disqualifying offence270.7Deceptive recruiting for labour or servicesthe offence is not a disqualifying offence270.7BForced marriage offencesthe offence is not a disqualifying offence270.7COffence of debt bondagethe offence is not a disqualifying offence271.2Offence of trafficking in personsthe offence is not a disqualifying offence271.3Trafficking in persons—aggravated offencethe offence is not a disqualifying offence271.5Offence of domestic trafficking in personsthe offence is not a disqualifying offence271.6Domestic trafficking in persons—aggravated offencethe offence is not a disqualifying offence271.7BOffence of organ trafficking—entry into and exit from Australiathe offence is not a disqualifying offence271.7COrgan trafficking—aggravated offencethe offence is not a disqualifying offence271.7DOffence of domestic organ traffickingthe offence is not a disqualifying offence271.7EDomestic organ trafficking—aggravated offencethe offence is not a disqualifying offence273B.4Failing to protect child at risk of child sexual abuse offence274.2Torturethe offence is not a disqualifying offence302.2Trafficking commercial quantities of controlled drugs303.4Cultivating commercial quantities of controlled plants304.1Selling commercial quantities of controlled plants305.3Manufacturing commercial quantities of controlled drugs305.4Manufacturing marketable quantities of controlled drugsthe offence committed is an aggravated offence under section 310.4(2)306.2Pre-trafficking commercial quantities of controlled precursors306.3Pre-trafficking marketable quantities of controlled precursorsthe offence committed is an aggravated offence under section 310.4(3)306.4Pre-trafficking controlled precursorsthe offence committed is an aggravated offence under section 310.4(3)307.1Importing and exporting commercial quantities of border controlled drugs or border controlled plants307.11Importing and exporting commercial quantities of border controlled precursors308.3Possessing plant material, equipment or instructions for commercial cultivation of controlled plantsthe offence is committed in relation to the intended cultivation or sale of a commercial quantity of a controlled plant or any of its products309.2Supplying controlled drugs to children309.3Supplying marketable quantities of controlled drugs to children for trafficking309.4Supplying controlled drugs to children for trafficking309.7Procuring children for trafficking marketable quantities of controlled drugs309.8Procuring children for trafficking controlled drugs309.10Procuring children for pre-trafficking marketable quantities of controlled precursors309.11Procuring children for pre-trafficking controlled precursors309.12Procuring children for importing or exporting marketable quantities of border controlled drugs or border controlled plants309.13Procuring children for importing or exporting border controlled drugs or border controlled plants309.14Procuring children for importing or exporting marketable quantities of border controlled precursors309.15Procuring children for importing or exporting border controlled precursors310.2Danger from exposure to unlawful manufacturing310.3Harm from exposure to unlawful manufacturing372.1Dealing in identification informationthe offence was committed in relation to identification information for a child or vulnerable person372.1ADealing in identification information that involves use of a carriage servicethe offence was committed in relation to identification information for a child or vulnerable person372.2Possession of identification informationthe offence was committed in relation to identification information for a child or vulnerable person474.17AAggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence480.4Dishonestly obtaining or dealing in personal financial informationthe offence was committed in relation to personal financial information for a child or vulnerable person
sch 2 sub 2021 SL No. 2 s 16Schedule 3Repealed or expired serious offences against a provision of an Act of the Commonwealthsection 10(1)1 Criminal Code (Cwlth)ProvisionRelevant headingCircumstances for offence271.9Debt bondage—aggravated offenceas the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (Cwlth)the offence was committed against an adult who was not a vulnerable person
sch 3 sub 2021 SL No. 2 s 16Schedule 4Current disqualifying offences against a provision of an Act of the Commonwealthsection 10(2)1 Crimes (Internationally Protected Persons) Act 1976 (Cwlth)ProvisionRelevant headingCircumstances for offence8(1)Offences 8(2)(b)Offences the offence was committed against a child or vulnerable person
2 Criminal Code (Cwlth)ProvisionRelevant headingCircumstances for offence71.2Murder of a UN or associated person71.4Intentionally causing serious harm to a UN or associated personthe offence was committed against a child or vulnerable person71.5Recklessly causing serious harm to a UN or associated personthe offence was committed against a child or vulnerable person71.8Unlawful sexual penetrationthe offence was committed against a child or vulnerable person71.9Kidnapping a UN or associated personthe offence was committed against a child or vulnerable person, other than in a familial context71.10Unlawful detention of UN or associated personthe offence was committed against a child or vulnerable person, other than in a familial context73.2Aggravated offence of people smuggling (danger of death or serious harm etc.)the offence was committed against a child or vulnerable person73.3Aggravated offence of people smuggling (at least 5 people)the offence was committed against at least 1 person who was a child or vulnerable person73.3ASupporting the offence of people smugglingthe offence was committed in relation to an offence of people smuggling that was committed against at least 1 person who was a child or vulnerable person115.1Murder of an Australian citizen or a resident of Australia115.3Intentionally causing serious harm to an Australian citizen or a resident of Australiathe offence was committed against a child or vulnerable person115.4Recklessly causing serious harm to an Australian citizen or a resident of Australiathe offence was committed against a child or vulnerable person268.3Genocide by killing268.4Genocide by causing serious bodily or mental harmthe offence was committed against at least 1 person who was a child or vulnerable person268.5Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction268.6Genocide by imposing measures intended to prevent births268.7Genocide by forcibly transferring children268.8Crime against humanity—murder268.9Crime against humanity—extermination268.10Crime against humanity—enslavementthe offence was committed against at least 1 person who was a child or vulnerable person268.13Crime against humanity—torturethe offence was committed against at least 1 person who was a child or vulnerable person268.14Crime against humanity—rapethe offence was committed against a child or vulnerable person268.15Crime against humanity—sexual slaverythe offence was committed against a child or vulnerable person268.16Crime against humanity—enforced prostitutionthe offence was committed against at least 1 person who was a child or vulnerable person268.19Crime against humanity—sexual violencethe offence was committed against at least 1 person who was a child or vulnerable person268.21Crime against humanity—enforced disappearance of personsthe offence was committed against at least 1 person who was a child or vulnerable person268.24War crime—wilful killing268.25War crime—torturethe offence was committed against at least 1 person who was a child or vulnerable person268.26War crime—inhumane treatmentthe offence was committed against at least 1 person who was a child or vulnerable person268.27War crime—biological experimentsthe offence was committed against at least 1 person who was a child or vulnerable person268.28War crime—wilfully causing great sufferingthe offence was committed against at least 1 person who was a child or vulnerable person268.38War crime—excessive incidental death, injury or damagethe commission of the offence resulted in death268.40War crime—killing or injuring a person who is hors de combatthe commission of the offence resulted in death268.41War crime—improper use of a flag of trucethe commission of the offence resulted in death268.42War crime—improper use of a flag, insignia or uniform of the adverse partythe commission of the offence resulted in death268.43War crime—improper use of a flag, insignia or uniform of the United Nationsthe commission of the offence resulted in death268.44War crime—improper use of the distinctive emblems of the Geneva Conventionsthe commission of the offence resulted in death268.47(1)War crime—mutilation268.47(2)War crime—mutilationthe offence was committed against at least 1 person who was a child or vulnerable person268.48(1)War crime—medical or scientific experiments268.48(2)War crime—medical or scientific experimentsthe offence was committed against at least 1 person who was a child or vulnerable person268.49War crime—treacherously killing or injuringthe commission of the offence resulted in death268.50War crime—denying quarterthe commission of the offence resulted in death268.55War crime—employing poison or poisoned weaponsthe commission of the offence resulted in death268.56War crime—employing prohibited gases, liquids, materials or devicesthe commission of the offence resulted in death268.59War crime—rapethe offence was committed against a child or vulnerable person268.60War crime—sexual slaverythe offence was committed against a child or vulnerable person268.61War crime—enforced prostitutionthe offence was committed against a child or vulnerable person268.64War crime—sexual violencethe offence was committed against at least 1 person who was a child or vulnerable person268.65War crime—using protected persons as shieldsthe commission of the offence resulted in death268.70War crime—murder268.71(1)War crime—mutilation268.71(2)War crime—mutilationthe offence was committed against at least 1 person who was a child or vulnerable person268.73War crime—torturethe offence was committed against at least 1 person who was a child or vulnerable person268.76War crime—sentencing or execution without due processthe commission of the offence resulted in death268.82War crime—rapethe offence was committed against a child or vulnerable person268.84War crime—enforced prostitutionthe offence was committed against at least 1 person who was a child or vulnerable person268.87War crime—sexual violencethe offence was committed against at least 1 person who was a child or vulnerable person268.90War crime—treacherously killing or injuringthe commission of the offence resulted in death268.91War crime—denying quarterthe commission of the offence resulted in death268.92(1)War crime—mutilation268.92(2)War crime—mutilationthe offence was committed against at least 1 person who was a child or vulnerable person268.93War crime—medical or scientific experimentsthe commission of the offence resulted in death268.97War crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civiliansthe commission of the offence resulted in death268.98War crime—attacking undefended places or demilitarized zonesthe commission of the offence resulted in death270.3Slavery offencesthe offence was committed against a child or vulnerable person270.5Servitude offencesthe offence was committed against a child or vulnerable person270.6AForced labour offencesthe offence was committed against a child or vulnerable person270.7Deceptive recruiting for labour or servicesthe offence was committed against a child or vulnerable person270.7BForced marriage offencesthe offence was committed against a child or vulnerable person270.7COffence of debt bondagethe offence was committed against a child or vulnerable person271.2Offence of trafficking in personsthe offence was committed against a child or vulnerable person271.3Trafficking in persons—aggravated offencethe offence was committed against a child or vulnerable person271.4Offence of trafficking in children271.5Offence of domestic trafficking in personsthe offence was committed against a child or vulnerable person271.6Domestic trafficking in persons—aggravated offencethe offence was committed against a child or vulnerable person271.7Offence of domestic trafficking in children271.7BOffence of organ trafficking—entry into and exit from Australiathe offence was committed against a child or vulnerable person271.7COrgan trafficking—aggravated offencethe offence was committed against a child or vulnerable person271.7DOffence of domestic organ traffickingthe offence was committed against a child or vulnerable person271.7EDomestic organ trafficking—aggravated offencethe offence was committed against a child or vulnerable person272.8Sexual intercourse with child outside Australia272.9Sexual activity (other than sexual intercourse) with child outside Australia272.10Aggravated offence—sexual intercourse or other sexual activity with child outside Australia272.11Persistent sexual abuse of child outside Australia272.12Sexual intercourse with young person outside Australia—defendant in position of trust or authority272.13Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority272.14Procuring child to engage in sexual activity outside Australia272.15“Grooming” child to engage in sexual activity outside Australia272.15A“Grooming” person to make it easier to engage in sexual activity with a child outside Australia272.18Benefiting from offence against this Division272.19Encouraging offence against this Division272.20Preparing for or planning offence against this Division273.6Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia273.7Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people273A.1Possession of child-like sex dolls etc.274.2Torturethe offence was committed against a child or vulnerable person471.19Using a postal or similar service for child abuse material471.20Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service471.22Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people471.24Using a postal or similar service to procure persons under 16471.25Using a postal or similar service to “groom” persons under 16471.25AUsing a postal or similar service to “groom” another person to make it easier to procure persons under 16471.26Using a postal or similar service to send indecent material to person under 16474.22Using a carriage service for child abuse material474.22APossessing or controlling child abuse material obtained or accessed using a carriage service474.23Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service474.23AConduct for the purposes of electronic service used for child abuse material474.24AAggravated offence—offence involving conduct on 3 or more occasions and 2 or more people474.25AUsing a carriage service for sexual activity with person under 16 years of age474.25BAggravated offence—using a carriage service for sexual activity with person under 16 years of age474.25CUsing a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16474.26Using a carriage service to procure persons under 16 years of age474.27Using a carriage service to “groom” persons under 16 years of age474.27AAUsing a carriage service to “groom” another person to make it easier to procure persons under 16 years of age474.27AUsing a carriage service to transmit indecent communication to person under 16 years of age
3 Customs Act 1901 (Cwlth)ProvisionProvision headingCircumstances for offence233BABSpecial offence relating to tier 2 goodsthe offence was committed in relation to items of child abuse material
sch 4 sub 2021 SL No. 2 s 16Schedule 5Repealed or expired disqualifying offences against a provision of an Act of the Commonwealthsection 10(2)1 Criminal Code (Cwlth)ProvisionRelevant headingCircumstances for offence271.9Debt bondage—aggravated offenceas the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (Cwlth)the offence was committed against a child or vulnerable person273.5Possessing, controlling, producing, distributing or obtaining child pornography material outside Australiaas the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)471.16Using a postal or similar service for child pornography materialas the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)471.17Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar serviceas the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)474.19Using a postal or similar service for child abuse material as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)474.20Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage serviceas the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)
sch 5 ins 2021 SL No. 2 s 16